Disability Discrimination – What you need to know
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Disability Discrimination – What you need to know By: Marie Walsh On: 14 th July 2015 @ 13:00 Running in partnership with the CIPD North Yorkshire Branch FREE WEBINAR Starting Soon
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Transcript of Disability Discrimination – What you need to know
Disability Discrimination – What you need to know By: Marie Walsh On: 14th July 2015 @ 13:00
Running in partnership with the CIPD North
Yorkshire Branch
FREE
WEBINAR
Starting Soon
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Disability Discrimination 14th July 2015
Marie Walsh
Disability ?
• Equality Act 2010
• Physical or mental impairment • Impairment must have substantial
adverse effects • Adverse effects on normal day to day
activities. • Long term.
Legislation
• Covers – Employees, Contract Workers,
Partners and Office Holders
• Applies to recruitment, terms and conditions, promotions, transfers, dismissals and training.
Types of Discrimination
• Direct • Indirect • Unfavourable treatment because of
something arising in consequence of a disability
• Failure to make Reasonable Adjustments • Harassment related to disability • Victimisation
Direct Discrimination
• Section 13 EqA 2010
• Because of disability a person treats another less favourably than he/she would treat others
Indirect Discrimination
• Section 6 and Section 19 EqA 2010
• A provision criterion or practice (PCP)
• C had a disability
• The PCP is applied to everyone
• The PCP puts or would put those with the Claimants disability at a particular disadvantage
• The PCP puts or would put the Claimant at that disadvantage
• PCP can not be justified by Respondent.
Arising From …
• Section 15 EqA 2010
– Respondent treats Claimant unfavourably because of something arising in consequence of the Claimants disability
– Respondent can not show the treatment is a proportionate means of achieving a legitimate aim.
Reasonable Adjustments
• Section 20 EqA 2010
– Duty on employers to make reasonable adjustments to premises or working practices to help disabled job applicants and employees.
Harassment
• Civil Claim. • Also under the EqA 2010 – section 26
• Unwanted conduct related to disability • Purpose or effect of violating Claimants
dignity or creating an intimidating hostile degrading, humiliating or offensive environment for the Claimant
Harassment Cont
• Taking into account C’s perception, circumstances of the case and whether its reasonable for the conduct to have that effect.
Victimisation
• If the Employer subjects the employee to a detriment because he/she has don’t intends to do or is suspected of doing or indtending to do a protected act.
• Protected act are for example bringing proceedings under the EqA
Questions
Telephone: 0113 3571317
Website: www.Consilialegal.co.uk
email: [email protected]
Twitter: @consiliaemplaw
Linked in: https://www.linkedin.com/in/MarieWalshsolicitor
Thank You
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